MK -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-003110
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
16 September 2024
Before:
the Honourable Mrs Justice Lang DBE
Between:
The King
on the application of
MK
-v-
Secretary of State for the Home Department (Defendant)
(HO Ref: K1759721)
and
London Borough of Ealing (Interested Party)
Anonymity order
On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “MK”.
2. No later than 7 days from service of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
4. The Defendant must file and serve an Acknowledgment of Service and Summary Grounds of Resistance, together with a response to the application for interim relief, no later than 7 days after the date of service of this order.
5. The Defendant must file and serve an indexed, paginated bundle of documents in its possession relating to the Claimant, no later than 7 days after the date of service of this order.
6. The Interested Party must file and serve an Acknowledgment of Service and Summary Grounds of Resistance, setting out its position in regard to the provision of accommodation for the Claimant, no later than 7 days after service of this order.
7. The Claimant shall file and serve a Reply, if so advised, and a skeleton argument no later than 7 days after the date of service of the Defendant’s and Interested Party’s documents under paragraphs 4 to 6 above.
8. The Defendant shall file and serve a skeleton argument, no later than 5 working days after the date of service of the Claimant’s skeleton argument.
9. The Claimant shall file and serve an agreed bundle of authorities, in electronic form, and lodge a hard-copy version at the Administrative Court Office, not less than 5 days before the hearing.
10. The application for interim relief is to be expedited and heard as soon as possible from 7 October onwards. Time estimate: 2½ hours.
11. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
12. Costs reserved.
Reasons
1. I have granted an anonymity order. The Claimant is a victim of trafficking and an asylum seeker who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.
2. This is a complex case. The Claimant, who is a Polish national, has been in detention for a very long time, since 6 July 2023, following his release from prison when the Defendant served notice of intention to deport him. He is vulnerable in detention because of mental and physical illnesses, he may be a victim of torture, he is an Adult at Risk Level 2, and he is a victim of trafficking.
3. Removal is not imminent because of his outstanding asylum application and EUSS application. Form JR-MPA. Judicial Review. Miscellaneous Paper Application. Version September 2023
4. Conditional bail has been granted, in February and September 2024, but no accommodation has been offered to him. His application for accommodation under section 95 Immigration and Asylum Act 1999 has been refused. According to the Claimant, the Interested Party has accepted that it owes him an interim duty under the Housing Act 1996 but it cannot provide an address until there is a specified date for release. The Defendant will not release him until he has an address to go to. According to the Claimant, his licence period has expired and so the probation period is no longer involved.
5. I have given directions for an expedited hearing in early October 2024. The Claimant’s proposed directions do not provide sufficient time for the Defendant and Interested Party to investigate and respond, nor for the application to be properly prepared for a hearing.
6. I note that a further bail review is listed for 19 September 2024. I hope that the Defendant and Interested Party can make suitable arrangements for his release from detention on bail without the need for a court hearing.
Signed: Mrs Justice Lang
Dated: 16 September 2024